You are here

Terms and Conditions Of Use

1. Terms

By accessing this web site or downloading the games/content offered by Radioactive-Software, LLC., you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or its content. The materials contained in this website and it's associated products are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Radioactive-Software, LLC.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software created by Radioactive-Software, LLC. or contained on Radioactive-Software, LLC.'s web site;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Radioactive-Software, LLC. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Radioactive-Software, LLC.'s web site are provided "as is". Radioactive-Software, LLC. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Radioactive-Software, LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Radioactive-Software, LLC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Radioactive-Software, LLC.'s Internet site, even if Radioactive-Software, LLC. or a Radioactive-Software, LLC. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Radioactive-Software, LLC.'s web site could include technical, typographical, or photographic errors. Radioactive-Software, LLC. does not warrant that any of the materials on its web site are accurate, complete, or current. Radioactive-Software, LLC. may make changes to the materials contained on its web site at any time without notice. Radioactive-Software, LLC. does not, however, make any commitment to update the materials.

6. Links

Radioactive-Software, LLC. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Radioactive-Software, LLC. of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Radioactive-Software, LLC. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Radioactive-Software, LLC.'s web site shall be governed by the laws of the State of North Carolina, in the United States of America, without regard to its conflict of law provisions.

9. Return / Refund Policy

All sales are final, there are no refunds or returns accepted. By purchasing access to a product before it is finished, the buyer understands they are getting early access to a "work in progress". Content and quality will change on a schedule determined at the developer's ( Radioactive-Software, LLC. ) sole discretion. If you have any questions please contact us prior to making a purchase.

10. Statistics Reset Policy

Due to the constantly changing nature of work-in-progress game development, some online player statistics might need to be reset during the early or test phases of a game's creation. We appreciate the early-adopters of our products, and will do our best to minimize the number of times that statistics have to be reset. A few situations such as massive additions or adjustments to the product while in PROTOTYPE, ALPHA or BETA state might be common place. By purchasing a product from Radioactive-Software, LLC. you are acknowledging you understand this policy.

11. User Submissions

You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from this Site ( Radioactive-Software, LLC. ) and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our site; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize us to use the User Submissions in the manner contemplated by this Site and this TOU; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this Site and this TOU.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with this Site and our (and any of our successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under this TOU. The foregoing license granted by you terminates in part once you remove or delete a User Submission from the Site. You understand, acknowledge and agree that your termination applies only to our future use of your User Submission but does not apply to any previous use, distribution or promotion that has already commenced or has been completed,

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage this Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and (v) impersonate another person.